References of "Hubkova, Pavlina 50035133"
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See detailJudicial review of EU soft law: a revolutionary step which has not fully happened (Case note on BT v. Balgarska Narodna Banka, C-501/18)
Hubkova, Pavlina UL

in Revista General de Derecho Europeo (2021), (55),

In the judgment in case BT v Balgarska Narodna Banka, the Court of Justice of the EU declared, for the first time, invalid a part of a legally non-binding EU act – a recommendation adopted by the European ... [more ▼]

In the judgment in case BT v Balgarska Narodna Banka, the Court of Justice of the EU declared, for the first time, invalid a part of a legally non-binding EU act – a recommendation adopted by the European Banking Authority and addressed to the Bulgarian National Bank. It also confirmed that the referring court deciding upon damages has a duty to take such a recommendation into consideration. Moreover, the individuals in the national proceedings should have a right to rely upon the content of the recommendation even if they are not addressees of such an act. However, when assessed in more detail, the case points out to several interesting aspects related to EU soft law that have not been properly discussed yet. [less ▲]

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See detailSoft law Evropských orgánů dohledu: nezávazné unijní akty se závaznými vnitrostátními účinky
Hubkova, Pavlina UL

in Právní rozhledy (2021), 29(17), 573-583

In the EU, some tasks in the area of financial regulation were delegated to the European Supervisory Authorities (ESAs). These EU agencies are empowered, among others, to issue guidelines and ... [more ▼]

In the EU, some tasks in the area of financial regulation were delegated to the European Supervisory Authorities (ESAs). These EU agencies are empowered, among others, to issue guidelines and recommendations, i. e. soft law acts. From the Union's point of view, these acts are not legally binding. However, in the Czech context and mainly due to their enforcement by the Czech National Bank (CNB), these acts become practically binding for their main addressees - financial institutions. Such a setting demonstrates how multilevel regulation and enforcement in the EU work. The article analyses the Czech regulatory context and the practice of the CNB in order to show that ESA soft law acts may be genuine soft law in the relation between the EU and the Member States, but they are capable to induce binding legal effects on the national level when the national competent authority decides, within its discretion, to comply with them. Based on this analysis, the article also addresses issues related to the control and possible judicial review of ESA soft law. [less ▲]

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See detailEconomics in Judicial Decision-Making: Four Types of Situations Where Judges May Apply Economics
Hubkova, Pavlina UL

in Cserne, Peter; Esposito, Fabrizio (Eds.) Economics in Legal Reasoning (2020)

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